تضمین حقوق زنان در ازدواج بر مبنای اصول حقوقی

legal principles are fixed provisions and things that form the basis of the legal system and have extra-legal validity, so that they can be cited if they are not specified by the legislator in the texts of the laws. Each legal principle has a special place in the legal system. This article examines the legal principles that are effective in guaranteeing women's rights in marriage. These principles include the principle of freedom, the principle of the rule of will, the principle of good faith and the principle of the strength of the transaction. Adoption of these principles has important implications for guaranteeing women's rights in marriage. In short, the freedom and authority of women in marriage and choosing a spouse and maintaining or dissolving marriage, the prohibition of marriage under the age of majority, the prohibition of abuse of rights in cases of compulsory obedience and divorce, the need for men to register temporary marriages in cases where Permanent marriage is guaranteed for a man to remarry, and the need to maintain and strengthen the foundation of the family is one of the results of applying legal principles to guarantee women's rights in marriage. 
Introduction:
The term “legal principles” has been used in substantive law, but no definition has been provided in the text of the law. “Principles” is the plural of the word “principle.” “Principle” literally means the foundation or basis of things, and that on which their existence depends (Dekhoda 1385: 168). In other words, a principle means the foundation of things, like the root, which is the root of a tree (Jafari Langroodi, 1388: 421). However, in legal terminology, “a legal principle is a fixed ruling and a command that reason independently considers necessary for the advancement and happiness of man, and even without being stipulated in laws, its observance is mandatory and plays a guiding role in legislative and judicial orientations” (Hayati, 1392: 99; and also: Jafari Tabar, 1383: 198). Lawyers list some characteristics of legal principles, including:
First, legal principles are general provisions. However, the degree of generality of all legal principles is not the same, and principles common to several legal systems and branches of law are more general than principles specific to one system or branch (Sadeghi, 2015: 33). Second, legal principles are permanent provisions. Third, legal principles are mandatory provisions, and their observance is essential for everyone, even the legislator and the judge. A law that contradicts legal principles should not exist, and any agreement contrary to these principles is invalid (Hayati, 2013: 101). Fourth, legal principles are the basis of established law, and the legislator must take them into account when enacting a law. Fifth, legal principles are abstract phenomena and can be identified with the help of the minds of informed, wise people (Danesh Pajouh, 2011: 159). Sixth, legal principles have a universal character, because they are rooted in human idealism and based on nature (Sadeghi, 2015: 66).
Although it is expected that the law will always be passed in a progressive and fair manner, it may not always have such characteristics, and the legislator may not have enough time, attention, or ability to enact such a law. For this reason, an important part of legal analysis is dedicated to criticizing existing laws, and lawyers try to express their views on the weaknesses of existing laws in order to provide a basis for amending inappropriate laws. The first law that established the provisions of marriage was the Civil Code. In the second volume of this law, which was passed in 1313, the legislator, referring to jurisprudential sources, established the provisions of marriage. Later, other miscellaneous laws were passed in this regard, the most important of which are the Family Protection Law of 1353 and the Family Protection Law of 1391. It can be stated with certainty that in all cases where the legislator has addressed the legal situation regarding marriage and family rights, the central concern has been creating a balance between the rights of women and men.
Materials and Methods:
The research method in this article is fundamental, and its contents were collected by referring to library and legal resources.
Results and Discussion:
But the question that arises is whether the legislator has succeeded in creating this balance. It seems that such a balance has not been established in the current family law system. For example, the provisions of family law mentioned in the Civil Code have heavily favored men, and in the specific family protection laws, including the laws of 1974 and 1972, the scales have been tilted in favor of women.
Considering that since ancient times, women's rights have been more vulnerable than men's rights, and that even major damage has been caused by legislators who did not consider their full and necessary rights, the question arises whether there is a power beyond the will of the legislator that can guarantee women's rights and even serve as a basis to point out violations by the legislator, so that respect for women's rights can be restored. It seems that by clarifying the concept of legal principles and their relationship with women's rights in marriage, a number of legal principles can be identified as having high status and importance in guaranteeing women's rights, including the principle of freedom, the principle of sovereignty of the will, the principle of good faith, and the principle of contract validity.
The purpose of writing this article is to present a perspective through which the legislator understands that the establishment of laws regarding the family must be based on legal principles, and that these principles cannot be ignored when writing laws related to women's rights. Introducing the legal principles related to women's rights and explaining their position is one of the purposes of this article.
Conclusion:
1). The concept of legal principles in the Iranian legal system has not received the necessary attention from lawyers. Although most legal writers have discussed some legal principles, such as the principle of sovereignty of the will, the principle of freedom of contracts, the principle of good faith, etc., no proper research has been conducted regarding their conceptualization and analysis. Understanding legal principles and the function of each in different legal sectors is necessary, because it can guide legislators in correctly formulating laws and judges in correctly interpreting them. This article observed that if women's rights in the family are viewed from the perspective of legal principles, the perspective differs significantly, which helps identify the problems and shortcomings of the legal system in this regard.
2). The institution of the family, formed by the marriage contract, establishes a special legal relationship between spouses. At the time of its formation and thereafter, legal principles such as the principle of freedom, the principle of sovereignty of the will, the principle of good faith, and the principle of solidity govern this relationship. For example, marriage cannot be prohibited or restricted based on the principle of freedom, making forced marriage impermissible. For the proper exercise of this right, it is necessary to determine a minimum appropriate age at which a woman has reached rational maturity, thus preventing early marriage. Based on the principle of sovereignty, women have free will in determining the terms and conditions of the contract, provided this freedom does not violate their rights. For this reason, the condition of no dowry and alimony is invalid. Also, based on this principle, a woman is entitled to demand compensation for work she has done in her husband's house that was not part of his obligations.
3). Based on the principle of good faith, since the initiative to establish a family typically lies with the man, and women are often the addressees of the request, the legislator has obliged the man to register the marriage so that women are not deprived of relying on it and exercising their rights. If a woman has married in good faith, even if her marriage is invalid, she enjoys legal protection. However, in some cases, the legal system has created opportunities to harm or violate women's rights, such as filing a lawsuit to force compliance aimed at abolishing the right to alimony or divorce, divorce by agreement with measures contrary to the good faith of the man, and non-requirement of registering a temporary marriage or concealing it.
4). After the formation of the family institution, the principle of strengthening the family requires that this institution be strengthened and taken seriously, while removing factors that weaken it. To strengthen the family institution, while spouses play an important role, the government and legislative assembly also have responsibilities. The assembly must refrain from passing any law that harms the family’s strength and strive to pass laws that help strengthen this institution. The government can also make a significant contribution by strengthening the foundations of the family’s economy and culture. In practice, it is observed that the instability of many families is due to poverty, making poverty alleviation and employment creation responsibilities of the government.